45-576.04. Report and review of plans by groundwater replenishment district

A. At least once every five years after the final determination that a groundwater replenishment district's plan for operation is consistent with achieving the management goal of the active management area, the district shall prepare and submit a replenishment report to the director and to the district's board of directors. The replenishment report shall include at least the following:

1. An estimate of the district members' replenishment obligations that will arise during the following twenty year period.

2. A description of water resources that will be available to the district during the following twenty year period.

3. A description of any facilities and projects to be used for replenishment during the following twenty year period.

4. A description of the district's financial capabilities and financial requirements necessary to address the replenishment obligations during the following twenty year period.

5. A description of the district's current capability to meet the replenishment obligations for the five calendar years following the calendar year in which the district submits its report.

B. Within thirty days after receiving the district report, the director shall submit written comments to the district. On receiving the director's comments, the district shall publish a notice in a newspaper of general statewide circulation once each week for two consecutive weeks:

1. Requesting public comment concerning information supplied by the district in the report.

2. Setting a date and location of a public hearing to be held pursuant to subsection C.

C. Within sixty days after the last day of notice under subsection B, the district shall hold a hearing concerning the report. The hearing shall be conducted in an informal manner without adhering to the rules of evidence required in judicial proceedings. At the hearing, the district shall present a summary of the director's comments and public comments received before the hearing relating to the report. Any person, including the director, shall have an opportunity to present evidence and comments relating to the report.

D. Within ninety days after the hearing, the district shall transmit to the director a summary of all comments and evidence submitted at the hearing relating to the report. The district shall include in this document its written response to all comments it received, including the director's comments.

E. Within one hundred twenty days after the hearing, the district's board of directors shall determine whether to adopt the report. The decision shall be based on the following factors:

1. Whether the report indicates that the district has sufficient projected replenishment efforts to meet the projected replenishment obligations for the twenty calendar years following the calendar year in which the district submits the report.

2. Whether the report indicates that the district has the current capability to meet the replenishment obligations for the five calendar years following the calendar year in which the district submits its report.

F. If the district's board of directors does not adopt the report, it shall require that the report be modified to sufficiently address the factors described in subsection E. The board shall adopt the report as modified.

G. On adoption, the board of directors shall transmit a copy of the report to the director and shall make the report and the information described in subsection D available to the general public.